Al-Sameet: Amendments to Certain Legal Provisions Support Stability of Kuwaiti Families and Preserve Their Integrity
The Minister of Justice clarified that amending provisions of the Civil Code aims to preserve the integrity of the family and protect the rights of heirs and partners in residential properties owned in co-ownership.
Translated by Qiyas from الوسط — Original source
Justice Minister Nasser Al-Samit stated that the amendments to the rules governing the partition of civil property were implemented solely in accordance with the directives of His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and support him, aiming to stabilize Kuwaiti families and preserve their integrity by balancing the protection of the family unit with the safeguarding of the rights of heirs and co-owners.
This statement was made by Minister Al-Samit in an interview with the Kuwait News Agency (KUNA) on Sunday, marking the publication of Law Decree No. 121 of 2026, which amended Article 830 of the Civil Law, as published in the official gazette, *Al-Kuwait Al-Yaum*.
Minister Al-Samit explained that the division or auction sale of a portion of jointly owned real estate does not trigger any special protective status for specific relatives, such as a father, mother, or child, distinct from the general protection afforded to any co-owner, provided that legal conditions are met. He clarified that obtaining a valid permit to partition residential property based on a request by one of the co-owners is not sufficient if the applicant’s sole residence is not secured, nor is it enough to guarantee suitable alternative housing that aligns with the social and family circumstances of each case.
He noted that this protection is limited to specific circumstances and does not apply to all co-owners who request deferral, particularly when such committees are established within the judicial authority to ensure fair benefit, thereby preserving the full rights of shareholders.
The expansion allows other co-owners, during the consideration of a partition request, to acquire the requesting co-owner’s share through a special mechanism facilitated by an expert appointed by the competent legal authority. This enables the requesting co-owner to exit the state of co-ownership and receive the value of their share, while retaining ownership of the remaining properties.
The initiative continues to work on strengthening provisions that do not infringe upon the statutory shares of heirs or their participation, except in cases where partition is necessary to accommodate the housing needs of those residing in the property, while preserving the financial rights of the remaining co-owners.
He added, “We want to ensure the rights of all parties are protected, ensuring that a father, mother, or child is shielded by the law regarding their sole residence, while guaranteeing the rights of heirs and co-owners.”
On October 6, the Council of Ministers approved the continuation of its deliberations on the draft law decree amending Article 830 of the Civil Law, Law No. 67 of 1980, by adding two new articles, thereby limiting its scope to residential real estate held in co-ownership, excluding other types of property.
On October 19, Law Decree No. 121 of 2026, amending Article 830 of the Civil Law, Law No. 67 of 1980, came into effect. This legislation adds two new articles and restricts its scope to residential real estate held in co-ownership, excluding other common assets. It aims to achieve a balance between various rights regarding the partition of residential property, taking into account other humanitarian considerations.
